Virtuality is enforceable in tax and accounting inspection processes provided for in the Entrepreneurship Law

Virtuality is enforceable in tax and accounting inspection processes provided for in the Entrepreneurship Law
Virtuality is enforceable in tax and accounting inspection processes provided for in the Entrepreneurship Law

The Constitutional Court published the text of the ruling by which it declared constitutional articles 70 and 73 of Law 2069 of 2020, which promotes entrepreneurship in Colombia, against the charge of ignorance of the principle of unity of matter contained in articles 158 and 169 of the Political Constitution.

According to the high court, Article 70 maintains a thematic connection with Law 2069, since by reassigning regulatory functions to the Superintendency of Companies, it optimizes supervisory procedures and reduces bureaucracy, which facilitates a more agile environment for small and medium-sized companies. In addition, enables more effective monitoring aligned with the needs of the business ecosystemstrengthening support for entrepreneurs.

On the other hand, he pointed out, there is a teleological relationship, since the provision is aligned with the intention of simplifying the regulatory framework to make it more efficient and less burdensome, which directly contributes to the legislative purposes of promoting a favorable environment for business development and, in turn, improving the competitiveness and productivity of companies in the country.

Regarding Article 73, the Court indicated that it has a thematic relationship with Law 2069, because promotes the efficiency and modernization of tax administrative procedures by implementing virtuality in accounting inspection processes. This measure, he added, seeks to promote a competitive business environment adapted to current technological demands.

The provision addresses the difficulties involved in complex and slow administrative procedures and Simplifies and digitizes tax and customs processesoffering a solution that directly improves the interaction with the tax administration, thus ensuring more efficient and accessible management of tax procedures, which is in line with the law’s purpose of promoting sustainable entrepreneurship and economic stability. (MP Natalia Angel Cabo).

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